Now that the House has followed through on its promise to pass Obamacare repeal legislation, Democrats are now, quoting House Minority Whip Steny Hoyer (D-MD), "open to better ideas." Even President Obama declared that "I'm willing and eager to work with both Democrats and Republicans to improve the Affordable Care Act. But we can't go backward."
Actually Mr President, passing this monstrosity was backward. Despite Senate Majority Leader Reid's resistance, an up or down vote on repealing Obamacare can hit the Senate floor. From the Heritage Foundation:
"Once the Senate receives the bill, any Senator can use Rule 14 to object to the second reading of the bill. This procedural objection will “hold at the desk” the House-passed bill and allow the Senate to act on the full repeal measure.
If the bill is referred to committee, it will never get to the Senate floor. This procedural objection by one or a number of Senators will stop the bill from being referred to the Senate Health, Education, Labor and Pensions Committee (HELP). If the bill is referred to committee, there is little to no expectation that the committee will pass the bill, let alone have one hearing on the bill.
Objecting to Rule 14 would hold the bill at the desk of the Senate and would put H.R. 2 on the Senate calendar. This procedure could be done with a letter or call from one Senator to the party leader. This would allow the Senate Majority Leader to commence debate on the matter when he so chooses. It is unlikely that Senate Majority Leader Harry Reid (D–NV) would move to proceed to the bill, yet there is a procedure that any Senator can use to force a debate.
Any Senator can use Rule 22 to commence debate on H.R. 2 if they have held the bill at the desk. Rule 22, the filibuster rule, states:
Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question: “Is it the sense of the Senate that the debate shall be brought to a close?”
And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn—except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting—then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.
If any Senator can gather 16 signatures on a cloture petition, then they could file that petition with the clerk of the Senate. This would commence a proceeding that would end with a vote requiring 60 votes to shut off debate on a motion to proceed to a full repeal of Obamacare within two days of the filing of the petition. It is expected that Senate liberals would use Rule 22 to filibuster a full repeal of Obamacare. This would put many Senate Democrats in the interesting situation of voicing support for so-called “filibuster reform” while at the same time using the filibuster rule to block an up or down vote on Obamacare.
Once a bill is held at the desk, they can gather 16 signatures, then wait until the appropriate time to file cloture. They could do so next week or next year. If the courts continue to declare parts of Obamacare unconstitutional and the American people continue to despise this law, then the probability of full repeal may go up over time. At a minimum, Senators have the power to force a vote on full repeal of Obamacare if they have the will to do so."
So this vote can happen whether Harry Reid wants it or not. I believe that Sen. Reid is afraid of a vote. Some reasons come from The Liberal Lie, The Conservative Truth:
"If Senate Majority Leader Harry Reid ignores the call for a vote, if he refuses even to debate the issue, there will be hell to pay... Currently, in 2012, the Democrats are expected to have 23 seats up for election, including 2 Independents who caucus with the Democrats, The Republicans are expected to have 10 seats up for election. Based on the results from the last election, the Democrats lost far more than the Republicans. If the issues are the same in 2012 (and I believe they will be...) and the Democrats become the "Party of NO" by denying debate and votes on bills in the Senate. Then the Dems will suffer for it badly, possibly even worse than they did this last go around. Also, there is the issue of redistricting which will also make re-election for Obama or for any Democrat in 2012 more difficult. So, in short, it isn't pointless. Victory is not measured just in clear wins in floor votes, but in what potential damage can be done to the opposition long term. Having worked in several campaigns, you learn those things... It's political jujitsu..."
In short, Democrats, especially in red states, have a lot to lose with this vote, because they'll be on record for the 2012 elections. When Obama vetoes it, he'll also be on record.
Background Reading:
WSJ: The Repeal Vote
Heritage Foundation: How to Repeal Obamacare in the Senate
The Liberal Lie, The Conservative Truth: Harry Reid Fears Repeal Vote In Senate
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